IB 

Union Calendar No. 58 

116TH CONGRESS 

1ST SESSION H. R. 2960 

[Report No. 116–83] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2020, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2019 

Ms. KAPTUR, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2020, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for en5 ergy and water development and related agencies for the 

6 fiscal year ending September 30, 2020, and for other pur7 poses, namely: 

8 TITLE I 

9 CORPS OF ENGINEERS—CIVIL 

10 DEPARTMENT OF THE ARMY 

11 CORPS OF ENGINEERS—CIVIL

12 The following appropriations shall be expended under 

13 the direction of the Secretary of the Army and the super14 vision of the Chief of Engineers for authorized civil func15 tions of the Department of the Army pertaining to river 

16 and harbor, flood and storm damage reduction, shore pro17 tection, aquatic ecosystem restoration, and related efforts. 

18 INVESTIGATIONS

19 For expenses necessary where authorized by law for 

20 the collection and study of basic information pertaining 

21 to river and harbor, flood and storm damage reduction, 

22 shore protection, aquatic ecosystem restoration, and re23 lated needs; for surveys and detailed studies, and plans 

24 and specifications of proposed river and harbor, flood and 

25 storm damage reduction, shore protection, and aquatic 


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1 ecosystem restoration projects, and related efforts prior to 

2 construction; for restudy of authorized projects; and for 

3 miscellaneous investigations, and, when authorized by law, 

4 surveys and detailed studies, and plans and specifications 

5 of projects prior to construction, $135,000,000, to remain 

6 available until expended: Provided, That the Secretary 

7 shall initiate six new study starts during fiscal year 2020: 

8 Provided further, That the Secretary shall not deviate from 

9 the new starts proposed in the work plan, once the plan 

10 has been submitted to the Committees on Appropriations 

11 of both Houses of Congress. 

12 CONSTRUCTION

13 For expenses necessary for the construction of river 

14 and harbor, flood and storm damage reduction, shore pro15 tection, aquatic ecosystem restoration, and related 

16 projects authorized by law; for conducting detailed studies, 

17 and plans and specifications, of such projects (including 

18 those involving participation by States, local governments, 

19 or private groups) authorized or made eligible for selection 

20 by law (but such detailed studies, and plans and specifica21 tions, shall not constitute a commitment of the Govern22 ment to construction); $2,337,000,000, to remain avail23 able until expended; of which such sums as are necessary 

24 to cover the Federal share of construction costs for facili25 ties under the Dredged Material Disposal Facilities proVerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960

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1 gram shall be derived from the Harbor Maintenance Trust 

2 Fund as authorized by Public Law 104–303; and of which 

3 such sums as are necessary to cover one-half of the costs 

4 of construction, replacement, rehabilitation, and expansion 

5 of inland waterways projects shall be derived from the In6 land Waterways Trust Fund, except as otherwise specifi7 cally provided for in law: Provided, That the Secretary 

8 shall initiate six new construction starts during fiscal year 

9 2020: Provided further, That for new construction 

10 projects, project cost sharing agreements shall be executed 

11 as soon as practicable but no later than September 30, 

12 2020: Provided further, That no allocation for a new start 

13 shall be considered final and no work allowance shall be 

14 made until the Secretary provides to the Committees on 

15 Appropriations of both Houses of Congress an out-year 

16 funding scenario demonstrating the affordability of the se17 lected new starts and the impacts on other projects: Pro18 vided further, That the Secretary may not deviate from 

19 the new starts proposed in the work plan, once the plan 

20 has been submitted to the Committees on Appropriations 

21 of both Houses of Congress. 

22 MISSISSIPPI RIVER AND TRIBUTARIES

23 For expenses necessary for flood damage reduction 

24 projects and related efforts in the Mississippi River allu25 vial valley below Cape Girardeau, Missouri, as authorized 


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1 by law, $350,000,000, to remain available until expended, 

2 of which such sums as are necessary to cover the Federal 

3 share of eligible operation and maintenance costs for in4 land harbors shall be derived from the Harbor Mainte5 nance Trust Fund. 

6 OPERATION AND MAINTENANCE

7 For expenses necessary for the operation, mainte8 nance, and care of existing river and harbor, flood and 

9 storm damage reduction, aquatic ecosystem restoration, 

10 and related projects authorized by law; providing security 

11 for infrastructure owned or operated by the Corps, includ12 ing administrative buildings and laboratories; maintaining 

13 harbor channels provided by a State, municipality, or 

14 other public agency that serve essential navigation needs 

15 of general commerce, where authorized by law; surveying 

16 and charting northern and northwestern lakes and con17 necting waters; clearing and straightening channels; and 

18 removing obstructions to navigation, $3,923,000,000, to 

19 remain available until expended, of which such sums as 

20 are necessary to cover the Federal share of eligible oper21 ation and maintenance costs for coastal harbors and chan22 nels, and for inland harbors shall be derived from the Har23 bor Maintenance Trust Fund; of which such sums as be24 come available from the special account for the Corps of 

25 Engineers established by the Land and Water ConservaVerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960

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1 tion Fund Act of 1965 shall be derived from that account 

2 for resource protection, research, interpretation, and 

3 maintenance activities related to resource protection in the 

4 areas at which outdoor recreation is available; and of 

5 which such sums as become available from fees collected 

6 under section 217 of Public Law 104–303 shall be used 

7 to cover the cost of operation and maintenance of the 

8 dredged material disposal facilities for which such fees 

9 have been collected: Provided, That 1 percent of the total 

10 amount of funds provided for each of the programs, 

11 projects, or activities funded under this heading shall not 

12 be allocated to a field operating activity prior to the begin13 ning of the fourth quarter of the fiscal year and shall be 

14 available for use by the Chief of Engineers to fund such 

15 emergency activities as the Chief of Engineers determines 

16 to be necessary and appropriate, and that the Chief of En17 gineers shall allocate during the fourth quarter any re18 maining funds which have not been used for emergency 

19 activities proportionally in accordance with the amounts 

20 provided for the programs, projects, or activities. 

21 REGULATORY PROGRAM

22 For expenses necessary for administration of laws 

23 pertaining to regulation of navigable waters and wetlands, 

24 $210,000,000, to remain available until September 30, 

25 2021. 


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1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

2 For expenses necessary to clean up contamination 

3 from sites in the United States resulting from work per4 formed as part of the Nation’s early atomic energy pro5 gram, $155,000,000, to remain available until expended. 

6 FLOOD CONTROL AND COASTAL EMERGENCIES

7 For expenses necessary to prepare for flood, hurri8 cane, and other natural disasters and support emergency 

9 operations, repairs, and other activities in response to 

10 such disasters as authorized by law, $37,500,000, to re11 main available until expended. 

12 EXPENSES

13 For expenses necessary for the supervision and gen14 eral administration of the civil works program in the head15 quarters of the Corps of Engineers and the offices of the 

16 Division Engineers; and for costs of management and op17 eration of the Humphreys Engineer Center Support Activ18 ity, the Institute for Water Resources, the United States 

19 Army Engineer Research and Development Center, and 

20 the United States Army Corps of Engineers Finance Cen21 ter allocable to the civil works program, $203,000,000, to 

22 remain available until September 30, 2021, of which not 

23 to exceed $5,000 may be used for official reception and 

24 representation purposes and only during the current fiscal 

25 year: Provided, That no part of any other appropriation 


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1 provided in this title shall be available to fund the civil 

2 works activities of the Office of the Chief of Engineers 

3 or the civil works executive direction and management ac4 tivities of the division offices: Provided further, That any 

5 Flood Control and Coastal Emergencies appropriation 

6 may be used to fund the supervision and general adminis7 tration of emergency operations, repairs, and other activi8 ties in response to any flood, hurricane, or other natural 

9 disaster. 

10 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

11 FOR CIVIL WORKS

12 For the Office of the Assistant Secretary of the Army 

13 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 

14 $5,000,000, to remain available until September 30, 2021: 

15 Provided, That not more than 25 percent of such amount 

16 may be obligated or expended until the Assistant Sec17 retary submits to the Committees on Appropriations of 

18 both Houses of Congress a work plan that allocates at 

19 least 95 percent of the additional funding provided under 

20 each heading in this title, as designated under such head21 ing in the report of the Committee on Appropriations ac22 companying this Act, to specific programs, projects, or ac23 tivities. 


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1 GENERAL PROVISIONS—CORPS OF 

2 ENGINEERS—CIVIL 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 101. (a) None of the funds provided in this title 

5 shall be available for obligation or expenditure through a 

6 reprogramming of funds that— 

7 (1) creates or initiates a new program, project, 

8 or activity; 

9 (2) eliminates a program, project, or activity; 

10 (3) increases funds or personnel for any pro11 gram, project, or activity for which funds have been 

12 denied or restricted by this Act; 

13 (4) reduces funds that are directed to be used 

14 for a specific program, project, or activity by this 

15 Act; 

16 (5) increases funds for any program, project, or 

17 activity by more than $2,000,000 or 10 percent, 

18 whichever is less; or 

19 (6) reduces funds for any program, project, or 

20 activity by more than $2,000,000 or 10 percent, 

21 whichever is less. 

22 (b) Subsection (a)(1) shall not apply to any project 

23 or activity authorized under section 205 of the Flood Con24 trol Act of 1948, section 14 of the Flood Control Act of 

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1 tion 107 of the River and Harbor Act of 1960, section 

2 103 of the River and Harbor Act of 1962, section 111 

3 of the River and Harbor Act of 1968, section 1135 of the 

4 Water Resources Development Act of 1986, section 206 

5 of the Water Resources Development Act of 1996, or sec6 tion 204 of the Water Resources Development Act of 

7 1992. 

8 (c) The Corps of Engineers shall submit reports on 

9 a quarterly basis to the Committees on Appropriations of 

10 both Houses of Congress detailing all the funds repro11 grammed between programs, projects, activities, or cat12 egories of funding. The first quarterly report shall be sub13 mitted not later than 60 days after the date of enactment 

14 of this Act. 

15 SEC. 102. None of the funds made available in this 

16 title may be used to award or modify any contract that 

17 commits funds beyond the amounts appropriated for that 

18 program, project, or activity that remain unobligated, ex19 cept that such amounts may include any funds that have 

20 been made available through reprogramming pursuant to 

21 section 101. 

22 SEC. 103. The Secretary of the Army may transfer 

23 to the Fish and Wildlife Service, and the Fish and Wildlife 

24 Service may accept and expend, up to $5,400,000 of funds 

25 provided in this title under the heading ‘‘Operation and 


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1 Maintenance’’ to mitigate for fisheries lost due to Corps 

2 of Engineers projects. 

3 SEC. 104. None of the funds in this Act shall be used 

4 for an open lake placement alternative for dredged mate5 rial, after evaluating the least costly, environmentally ac6 ceptable manner for the disposal or management of 

7 dredged material originating from Lake Erie or tributaries 

8 thereto, unless it is approved under a State water quality 

9 certification pursuant to section 401 of the Federal Water 

10 Pollution Control Act (33 U.S.C. 1341): Provided, That 

11 until an open lake placement alternative for dredged mate12 rial is approved under a State water quality certification, 

13 the Corps of Engineers shall continue upland placement 

14 of such dredged material consistent with the requirements 

15 of section 101 of the Water Resources Development Act 

16 of 1986 (33 U.S.C. 2211). 

17 SEC. 105. None of the funds made available by this 

18 Act may be used to carry out any water supply reallocation 

19 study under the Wolf Creek Dam, Lake Cumberland, Ken20 tucky, project authorized under the Act of July 24, 1946 

21 (60 Stat. 636, ch. 595). 

22 SEC. 106. None of the funds made available by this 

23 Act or any other Act may be used to reorganize or to 

24 transfer the Civil Works functions or authority of the 


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1 Corps of Engineers or the Secretary of the Army to an2 other department or agency. 

3 SEC. 107. Additional funding provided in this Act 

4 shall be allocated only to projects determined to be eligible 

5 by the Chief of Engineers. 

6 SEC. 108. Notwithstanding any other provision of 

7 law, none of the funds appropriated or otherwise made 

8 available by this Act or any prior appropriations Acts for 

9 the Civil Works Program of the United States Army Corps 

10 of Engineers may be committed, obligated, expended, or 

11 otherwise used to design or construct a wall, fence, border 

12 barriers, or border security infrastructure along the south13 ern border of the United States. 

14 TITLE II 

15 DEPARTMENT OF THE INTERIOR 

16 CENTRAL UTAH PROJECT

17 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

18 For carrying out activities authorized by the Central 

19 Utah Project Completion Act, $15,000,000, to remain 

20 available until expended, of which $1,800,000 shall be de21 posited into the Utah Reclamation Mitigation and Con22 servation Account for use by the Utah Reclamation Miti23 gation and Conservation Commission: Provided, That of 

24 the amount provided under this heading, $1,500,000 shall 

25 be available until September 30, 2021, for expenses necVerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960

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1 essary in carrying out related responsibilities of the Sec2 retary of the Interior: Provided further, That for fiscal 

3 year 2020, of the amount made available to the Commis4 sion under this Act or any other Act, the Commission may 

5 use an amount not to exceed $1,500,000 for administra6 tive expenses. 

7 BUREAU OF RECLAMATION

8 The following appropriations shall be expended to 

9 execute authorized functions of the Bureau of Reclama10 tion: 

11 WATER AND RELATED RESOURCES

12 (INCLUDING TRANSFERS OF FUNDS)

13 For management, development, and restoration of 

14 water and related natural resources and for related activi15 ties, including the operation, maintenance, and rehabilita16 tion of reclamation and other facilities, participation in 

17 fulfilling related Federal responsibilities to Native Ameri18 cans, and related grants to, and cooperative and other 

19 agreements with, State and local governments, federally 

20 recognized Indian tribes, and others, $1,485,000,000, to 

21 remain available until expended, of which $70,332,000 

22 shall be available for transfer to the Upper Colorado River 

23 Basin Fund and $5,023,000 shall be available for transfer 

24 to the Lower Colorado River Basin Development Fund; 

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1 vanced to the Colorado River Dam Fund: Provided, That 

2 such transfers may be increased or decreased within the 

3 overall appropriation under this heading: Provided further, 

4 That of the total appropriated, the amount for program 

5 activities that can be financed by the Reclamation Fund 

6 or the Bureau of Reclamation special fee account estab7 lished by 16 U.S.C. 6806 shall be derived from that Fund 

8 or account: Provided further, That funds contributed 

9 under 43 U.S.C. 395 are available until expended for the 

10 purposes for which the funds were contributed: Provided 

11 further, That funds advanced under 43 U.S.C. 397a shall 

12 be credited to this account and are available until ex13 pended for the same purposes as the sums appropriated 

14 under this heading: Provided further, That of the amounts 

15 provided herein, funds may be used for high-priority 

16 projects which shall be carried out by the Youth Conserva17 tion Corps, as authorized by 16 U.S.C. 1706: Provided 

18 further, That in accordance with section 4009(c) of Public 

19 Law 114–322 and as recommended by the Secretary in 

20 a letter dated February 13, 2019, funding provided for 

21 such purpose in fiscal year 2018 shall be made available 

22 to the Expanding Recycled Water Delivery Project 

23 (VenturaWaterPure), the Pure Water Monterey-Ground24 water Replenishment Project, the Groundwater Reliability 

25 Improvement Program (GRIP) Recycled Water Project, 


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1 the North Valley Regional Recycled Water Program, the 

2 South Sacramento County Agriculture and Habitat Lands 

3 Recycled Water Program, and the Central Coast Blue 

4 Project: Provided further, That in accordance with section 

5 4007 of Public Law 114–322 and as recommended by the 

6 Secretary in a letter dated February 13, 2019, funding 

7 provided for such purpose in fiscal years 2017 and 2018 

8 shall be made available to the Cle Elum Pool Raise, the 

9 Boise River Basin Feasibility Study, the Del Puerto Water 

10 District, the Los Vaqueros Reservoir Phase 2 Expansion 

11 Project, the North-of-the-Delta Off stream storage (Sites 

12 Reservoir Project), and the Friant-Kern Canal Capacity 

13 Correction Resulting Subsidence: Provided further, That 

14 in accordance with section 4009(a) of Public Law 114– 

15 322 and as recommended by the Secretary in a letter 

16 dated February 13, 2019, funding provided for such pur17 pose in fiscal years 2017 and 2018 shall be made available 

18 to the Doheny Ocean Desalination Project, the Kay Bailey 

19 Hutchison Desalination Plant, the North Pleasant Valley 

20 Desalter Facility and the Mission Basin Groundwater Pu21 rification Facility Well Expansion and Brine Minimiza22 tion. 

23 CENTRAL VALLEY PROJECT RESTORATION FUND

24 For carrying out the programs, projects, plans, habi25 tat restoration, improvement, and acquisition provisions of 


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1 the Central Valley Project Improvement Act, $54,849,000, 

2 to be derived from such sums as may be collected in the 

3 Central Valley Project Restoration Fund pursuant to sec4 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

5 102–575, to remain available until expended: Provided, 

6 That the Bureau of Reclamation is directed to assess and 

7 collect the full amount of the additional mitigation and 

8 restoration payments authorized by section 3407(d) of 

9 Public Law 102–575: Provided further, That none of the 

10 funds made available under this heading may be used for 

11 the acquisition or leasing of water for in-stream purposes 

12 if the water is already committed to in-stream purposes 

13 by a court adopted decree or order. 

14 CALIFORNIA BAY-DELTA RESTORATION

15 (INCLUDING TRANSFERS OF FUNDS)

16 For carrying out activities authorized by the Water 

17 Supply, Reliability, and Environmental Improvement Act, 

18 consistent with plans to be approved by the Secretary of 

19 the Interior, $33,000,000, to remain available until ex20 pended, of which such amounts as may be necessary to 

21 carry out such activities may be transferred to appropriate 

22 accounts of other participating Federal agencies to carry 

23 out authorized purposes: Provided, That funds appro24 priated herein may be used for the Federal share of the 

25 costs of CALFED Program management: Provided furVerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960

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1 ther, That CALFED implementation shall be carried out 

2 in a balanced manner with clear performance measures 

3 demonstrating concurrent progress in achieving the goals 

4 and objectives of the Program. 

5 POLICY AND ADMINISTRATION

6 For expenses necessary for policy, administration, 

7 and related functions in the Office of the Commissioner, 

8 the Denver office, and offices in the five regions of the 

9 Bureau of Reclamation, to remain available until Sep10 tember 30, 2021, $60,000,000, to be derived from the 

11 Reclamation Fund and be nonreimbursable as provided in 

12 43 U.S.C. 377: Provided, That no part of any other appro13 priation in this Act shall be available for activities or func14 tions budgeted as policy and administration expenses. 

15 ADMINISTRATIVE PROVISION

16 Appropriations for the Bureau of Reclamation shall 

17 be available for purchase of not to exceed five passenger 

18 motor vehicles, which are for replacement only. 

19 GENERAL PROVISIONS—DEPARTMENT OF THE 

20 INTERIOR 

21 SEC. 201. (a) None of the funds provided in this title 

22 shall be available for obligation or expenditure through a 

23 reprogramming of funds that— 

24 (1) creates or initiates a new program, project, 

25 or activity; 


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1 (2) eliminates a program, project, or activity; 

2 (3) increases funds for any program, project, or 

3 activity for which funds have been denied or re4 stricted by this Act; 

5 (4) restarts or resumes any program, project, 

6 or activity for which funds are not provided in this 

7 Act, unless prior approval is received from the Com8 mittees on Appropriations of both Houses of Con9 gress; 

10 (5) transfers funds in excess of the following 

11 limits— 

12 (A) 15 percent for any program, project, 

13 or activity for which $2,000,000 or more is 

14 available at the beginning of the fiscal year; or 

15 (B) $400,000 for any program, project, or 

16 activity for which less than $2,000,000 is avail17 able at the beginning of the fiscal year; 

18 (6) transfers more than $500,000 from either 

19 the Facilities Operation, Maintenance, and Rehabili20 tation category or the Resources Management and 

21 Development category to any program, project, or 

22 activity in the other category; or 

23 (7) transfers, where necessary to discharge legal 

24 obligations of the Bureau of Reclamation, more than 

25 $5,000,000 to provide adequate funds for settled 


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1 contractor claims, increased contractor earnings due 

2 to accelerated rates of operations, and real estate de3 ficiency judgments. 

4 (b) Subsection (a)(5) shall not apply to any transfer 

5 of funds within the Facilities Operation, Maintenance, and 

6 Rehabilitation category. 

7 (c) For purposes of this section, the term ‘‘transfer’’ 

8 means any movement of funds into or out of a program, 

9 project, or activity. 

10 (d) The Bureau of Reclamation shall submit reports 

11 on a quarterly basis to the Committees on Appropriations 

12 of both Houses of Congress detailing all the funds repro13 grammed between programs, projects, activities, or cat14 egories of funding. The first quarterly report shall be sub15 mitted not later than 60 days after the date of enactment 

16 of this Act. 

17 SEC. 202. (a) None of the funds appropriated or oth18 erwise made available by this Act may be used to deter19 mine the final point of discharge for the interceptor drain 

20 for the San Luis Unit until development by the Secretary 

21 of the Interior and the State of California of a plan, which 

22 shall conform to the water quality standards of the State 

23 of California as approved by the Administrator of the En24 vironmental Protection Agency, to minimize any detri25 mental effect of the San Luis drainage waters. 


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1 (b) The costs of the Kesterson Reservoir Cleanup 

2 Program and the costs of the San Joaquin Valley Drain3 age Program shall be classified by the Secretary of the 

4 Interior as reimbursable or nonreimbursable and collected 

5 until fully repaid pursuant to the ‘‘Cleanup Program— 

6 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter7 native Repayment Plan’’ described in the report entitled 

8 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro9 gram and San Joaquin Valley Drainage Program, Feb10 ruary 1995’’, prepared by the Department of the Interior, 

11 Bureau of Reclamation. Any future obligations of funds 

12 by the United States relating to, or providing for, drainage 

13 service or drainage studies for the San Luis Unit shall 

14 be fully reimbursable by San Luis Unit beneficiaries of 

15 such service or studies pursuant to Federal reclamation 

16 law. 

17 SEC. 203. Section 9504(e) of the Omnibus Public 

18 Land Management Act of 2009 (42 U.S.C. 10364(e)) is 

19 amended by striking ‘‘$480,000,000’’ and inserting 

20 ‘‘$510,000,000’’. 

21 SEC. 204. Title I of Public Law 108–361 (the 

22 CALFED Bay-Delta Authorization Act) (118 Stat. 1681) 

23 is amended by striking ‘‘2019’’ each place it appears and 

24 inserting ‘‘2020’’. 


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1 SEC. 205. Section 9106(g)(2) of Public Law 111–11 

2 (Omnibus Public Land Management Act of 2009) is 

3 amended by striking ‘‘2019’’ and inserting ‘‘2020’’. 

4 SEC. 206. The Claims Resolution Act of 2010 (Public 

5 Law 111–291) is amended— 

6 (1) in section 309(d), by striking ‘‘2021’’ each 

7 place it appears and inserting ‘‘2023’’; and 

8 (2) in section 311(h), by striking ‘‘2021’’ and 

9 inserting ‘‘2023’’. 

10 TITLE III 

11 DEPARTMENT OF ENERGY 

12 ENERGY PROGRAMS 

13 ENERGY EFFICIENCY AND RENEWABLE ENERGY

14 For Department of Energy expenses including the 

15 purchase, construction, and acquisition of plant and cap16 ital equipment, and other expenses necessary for energy 

17 efficiency and renewable energy activities in carrying out 

18 the purposes of the Department of Energy Organization 

19 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

20 condemnation of any real property or any facility or for 

21 plant or facility acquisition, construction, or expansion, 

22 $2,651,713,000, to remain available until expended: Pro23 vided, That of such amount, $163,521,000 shall be avail24 able until September 30, 2021, for program direction. 


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1 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY

2 RESPONSE

3 For Department of Energy expenses including the 

4 purchase, construction, and acquisition of plant and cap5 ital equipment, and other expenses necessary for energy 

6 sector cybersecurity, energy security, and emergency re7 sponse activities in carrying out the purposes of the De8 partment of Energy Organization Act (42 U.S.C. 7101 et 

9 seq.), including the acquisition or condemnation of any 

10 real property or any facility or for plant or facility acquisi11 tion, construction, or expansion, $150,000,000, to remain 

12 available until expended: Provided, That of such amount, 

13 $13,000,000 shall be available until September 30, 2021, 

14 for program direction. 

15 ELECTRICITY

16 For Department of Energy expenses including the 

17 purchase, construction, and acquisition of plant and cap18 ital equipment, and other expenses necessary for elec19 tricity delivery activities in carrying out the purposes of 

20 the Department of Energy Organization Act (42 U.S.C. 

21 7101 et seq.), including the acquisition or condemnation 

22 of any real property or any facility or for plant or facility 

23 acquisition, construction, or expansion, $200,000,000, to 

24 remain available until expended: Provided, That of such 


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1 amount, $19,600,000 shall be available until September 

2 30, 2021, for program direction. 

3 NUCLEAR ENERGY

4 For Department of Energy expenses including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment, and other expenses necessary for nuclear 

7 energy activities in carrying out the purposes of the De8 partment of Energy Organization Act (42 U.S.C. 7101 et 

9 seq.), including the acquisition or condemnation of any 

10 real property or any facility or for plant or facility acquisi11 tion, construction, or expansion, $1,317,808,000, to re12 main available until expended: Provided, That of such 

13 amount, $80,000,000 shall be available until September 

14 30, 2021, for program direction. 

15 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

16 For Department of Energy expenses necessary in car17 rying out fossil energy research and development activi18 ties, under the authority of the Department of Energy Or19 ganization Act (42 U.S.C. 7101 et seq.), including the ac20 quisition of interest, including defeasible and equitable in21 terests in any real property or any facility or for plant 

22 or facility acquisition or expansion, and for conducting in23 quiries, technological investigations and research con24 cerning the extraction, processing, use, and disposal of 

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1 ronmental costs (30 U.S.C. 3, 1602, and 1603), 

2 $740,000,000, to remain available until expended: Pro3 vided, That of such amount $61,045,000 shall be available 

4 until September 30, 2021, for program direction. 

5 NAVAL PETROLEUM AND OIL SHALE RESERVES

6 For Department of Energy expenses necessary to 

7 carry out naval petroleum and oil shale reserve activities, 

8 $14,000,000, to remain available until expended: Pro9 vided, That notwithstanding any other provision of law, 

10 unobligated funds remaining from prior years shall be 

11 available for all naval petroleum and oil shale reserve ac12 tivities. 

13 STRATEGIC PETROLEUM RESERVE

14 For Department of Energy expenses necessary for 

15 Strategic Petroleum Reserve facility development and op16 erations and program management activities pursuant to 

17 the Energy Policy and Conservation Act (42 U.S.C. 6201 

18 et seq.), $214,000,000, to remain available until expended: 

19 Provided, That, as authorized by section 404 of the Bipar20 tisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C. 

21 6239 note), the Secretary of Energy shall draw down and 

22 sell not to exceed $450,000,000 of crude oil from the Stra23 tegic Petroleum Reserve in fiscal year 2020: Provided fur24 ther, That the proceeds from such drawdown and sale shall 

25 be deposited into the ‘‘Energy Security and Infrastructure 


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1 Modernization Fund’’ during fiscal year 2020: Provided 

2 further, That such amounts shall be made available and 

3 shall remain available until expended for necessary ex4 penses to carry out the Life Extension II project for the 

5 Strategic Petroleum Reserve. 

6 SPR PETROLEUM ACCOUNT

7 For the acquisition, transportation, and injection of 

8 petroleum products, and for other necessary expenses pur9 suant to the Energy Policy and Conservation Act of 1975, 

10 as amended (42 U.S.C. 6201 et seq.), sections 403 and 

11 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 

12 6241, 6239 note), and section 5010 of the 21st Century 

13 Cures Act (Public Law 114–255), $10,200,000, to remain 

14 available until expended. 

15 NORTHEAST HOME HEATING OIL RESERVE

16 For Department of Energy expenses necessary for 

17 Northeast Home Heating Oil Reserve storage, operation, 

18 and management activities pursuant to the Energy Policy 

19 and Conservation Act (42 U.S.C. 6201 et seq.), 

20 $10,000,000, to remain available until expended. 

21 ENERGY INFORMATION ADMINISTRATION

22 For Department of Energy expenses necessary in car23 rying out the activities of the Energy Information Admin24 istration, $128,000,000, to remain available until ex25 pended. 


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1 NON-DEFENSE ENVIRONMENTAL CLEANUP

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other expenses necessary for non-de5 fense environmental cleanup activities in carrying out the 

6 purposes of the Department of Energy Organization Act 

7 (42 U.S.C. 7101 et seq.), including the acquisition or con8 demnation of any real property or any facility or for plant 

9 or facility acquisition, construction, or expansion, 

10 $308,000,000, to remain available until expended. 

11 URANIUM ENRICHMENT DECONTAMINATION AND

12 DECOMMISSIONING FUND

13 For Department of Energy expenses necessary in car14 rying out uranium enrichment facility decontamination 

15 and decommissioning, remedial actions, and other activi16 ties of title II of the Atomic Energy Act of 1954, and 

17 title X, subtitle A, of the Energy Policy Act of 1992, 

18 $873,479,000, to be derived from the Uranium Enrich19 ment Decontamination and Decommissioning Fund, to re20 main available until expended, of which $30,514,000 shall 

21 be available in accordance with title X, subtitle A, of the 

22 Energy Policy Act of 1992. 

23 SCIENCE

24 For Department of Energy expenses including the 

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1 ital equipment, and other expenses necessary for science 

2 activities in carrying out the purposes of the Department 

3 of Energy Organization Act (42 U.S.C. 7101 et seq.), in4 cluding the acquisition or condemnation of any real prop5 erty or any facility or for plant or facility acquisition, con6 struction, or expansion, and purchase of not more than 

7 33 passenger motor vehicles including one bus, 

8 $6,870,000,000, to remain available until expended: Pro9 vided, That of such amount, $186,000,000 shall be avail10 able until September 30, 2021, for program direction. 

11 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

12 For Department of Energy expenses necessary in car13 rying out the activities authorized by section 5012 of the 

14 America COMPETES Act (Public Law 110–69), 

15 $425,000,000, to remain available until expended: Pro16 vided, That of such amount, $34,000,000 shall be avail17 able until September 30, 2021, for program direction. 

18 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

19 PROGRAM

20 Such sums as are derived from amounts received 

21 from borrowers pursuant to section 1702(b) of the Energy 

22 Policy Act of 2005 under this heading in prior Acts, shall 

23 be collected in accordance with section 502(7) of the Con24 gressional Budget Act of 1974: Provided, That for nec25 essary administrative expenses of the Title 17 Innovative 


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1 Technology Loan Guarantee Program, as authorized, 

2 $33,000,000 is appropriated, to remain available until 

3 September 30, 2021: Provided further, That up to 

4 $33,000,000 of fees collected in fiscal year 2020 pursuant 

5 to section 1702(h) of the Energy Policy Act of 2005 shall 

6 be credited as offsetting collections under this heading and 

7 used for necessary administrative expenses in this appro8 priation and shall remain available until September 30, 

9 2021: Provided further, That to the extent that fees col10 lected in fiscal year 2020 exceed $33,000,000, those ex11 cess amounts shall be credited as offsetting collections 

12 under this heading and available in future fiscal years only 

13 to the extent provided in advance in appropriations Acts: 

14 Provided further, That the sum herein appropriated from 

15 the general fund shall be reduced (1) as such fees are re16 ceived during fiscal year 2020 (estimated at $3,000,000) 

17 and (2) to the extent that any remaining general fund ap18 propriations can be derived from fees collected in previous 

19 fiscal years that are not otherwise appropriated, so as to 

20 result in a final fiscal year 2020 appropriation from the 

21 general fund estimated at $0: Provided further, That the 

22 Department of Energy shall not subordinate any loan obli23 gation to other financing in violation of section 1702 of 

24 the Energy Policy Act of 2005 or subordinate any Guaran25 teed Obligation to any loan or other debt obligations in 


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1 violation of section 609.10 of title 10, Code of Federal 

2 Regulations. 

3 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

4 LOAN PROGRAM

5 For Department of Energy administrative expenses 

6 necessary in carrying out the Advanced Technology Vehi7 cles Manufacturing Loan Program, $5,000,000, to remain 

8 available until September 30, 2021. 

9 TRIBAL ENERGY LOAN GUARANTEE PROGRAM

10 For Department of Energy administrative expenses 

11 necessary in carrying out the Tribal Energy Loan Guar12 antee Program, $1,000,000, to remain available until Sep13 tember 30, 2021. 

14 OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS

15 For necessary expenses for Indian Energy activities 

16 in carrying out the purposes of the Department of Energy 

17 Organization Act (42 U.S.C. 7101 et seq.), $25,000,000, 

18 to remain available until expended: Provided, That, of the 

19 amount appropriated under this heading, $4,800,000 shall 

20 be available until September 30, 2021, for program direc21 tion. 

22 DEPARTMENTAL ADMINISTRATION

23 For salaries and expenses of the Department of En24 ergy necessary for departmental administration in car25 rying out the purposes of the Department of Energy OrgaVerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960

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1 nization Act (42 U.S.C. 7101 et seq.), $264,378,000, to 

2 remain available until September 30, 2021, including the 

3 hire of passenger motor vehicles and official reception and 

4 representation expenses not to exceed $30,000, plus such 

5 additional amounts as necessary to cover increases in the 

6 estimated amount of cost of work for others notwith7 standing the provisions of the Anti-Deficiency Act (31 

8 U.S.C. 1511 et seq.): Provided, That such increases in 

9 cost of work are offset by revenue increases of the same 

10 or greater amount: Provided further, That moneys received 

11 by the Department for miscellaneous revenues estimated 

12 to total $93,378,000 in fiscal year 2020 may be retained 

13 and used for operating expenses within this account, as 

14 authorized by section 201 of Public Law 95–238, notwith15 standing the provisions of 31 U.S.C. 3302: Provided fur16 ther, That the sum herein appropriated shall be reduced 

17 as collections are received during the fiscal year so as to 

18 result in a final fiscal year 2020 appropriation from the 

19 general fund estimated at not more than $171,000,000. 

20 OFFICE OF THE INSPECTOR GENERAL

21 For expenses necessary for the Office of the Inspector 

22 General in carrying out the provisions of the Inspector 

23 General Act of 1978, $54,215,000, to remain available 

24 until September 30, 2021. 


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1 ATOMIC ENERGY DEFENSE ACTIVITIES 

2 NATIONAL NUCLEAR SECURITY 

3 ADMINISTRATION 

4 WEAPONS ACTIVITIES

5 For Department of Energy expenses, including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment and other incidental expenses necessary for 

8 atomic energy defense weapons activities in carrying out 

9 the purposes of the Department of Energy Organization 

10 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

11 condemnation of any real property or any facility or for 

12 plant or facility acquisition, construction, or expansion, 

13 and the purchase of not to exceed one ambulance for re14 placement only, $11,760,800,000, to remain available 

15 until expended: Provided, That of such amount, 

16 $107,660,000 shall be available until September 30, 2021, 

17 for program direction. 

18 DEFENSE NUCLEAR NONPROLIFERATION

19 For Department of Energy expenses, including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment and other incidental expenses necessary for 

22 defense nuclear nonproliferation activities, in carrying out 

23 the purposes of the Department of Energy Organization 

24 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

25 condemnation of any real property or any facility or for 


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1 plant or facility acquisition, construction, or expansion, 

2 and the purchase of not to exceed two aircraft, 

3 $2,079,930,000, to remain available until expended. 

4 NAVAL REACTORS

5 (INCLUDING TRANSFER OF FUNDS)

6 For Department of Energy expenses necessary for 

7 naval reactors activities to carry out the Department of 

8 Energy Organization Act (42 U.S.C. 7101 et seq.), includ9 ing the acquisition (by purchase, condemnation, construc10 tion, or otherwise) of real property, plant, and capital 

11 equipment, facilities, and facility expansion, 

12 $1,628,551,000, to remain available until expended, of 

13 which, $88,500,000 shall be transferred to ‘‘Department 

14 of Energy—Energy Programs—Nuclear Energy’’, for the 

15 Advanced Test Reactor: Provided, That of such amount, 

16 $50,500,000 shall be available until September 30, 2021, 

17 for program direction. 

18 FEDERAL SALARIES AND EXPENSES

19 For expenses necessary for Federal Salaries and Ex20 penses in the National Nuclear Security Administration, 

21 $425,000,000, to remain available until September 30, 

22 2021, including official reception and representation ex23 penses not to exceed $17,000. 


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1 ENVIRONMENTAL AND OTHER DEFENSE 

2 ACTIVITIES 

3 DEFENSE ENVIRONMENTAL CLEANUP

4 For Department of Energy expenses, including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment and other expenses necessary for atomic 

7 energy defense environmental cleanup activities in car8 rying out the purposes of the Department of Energy Orga9 nization Act (42 U.S.C. 7101 et seq.), including the acqui10 sition or condemnation of any real property or any facility 

11 or for plant or facility acquisition, construction, or expan12 sion, $5,993,650,000, to remain available until expended: 

13 Provided, That of such amount, $298,500,000 shall be 

14 available until September 30, 2021, for program direction. 

15 OTHER DEFENSE ACTIVITIES

16 For Department of Energy expenses, including the 

17 purchase, construction, and acquisition of plant and cap18 ital equipment and other expenses, necessary for atomic 

19 energy defense, other defense activities, and classified ac20 tivities, in carrying out the purposes of the Department 

21 of Energy Organization Act (42 U.S.C. 7101 et seq.), in22 cluding the acquisition or condemnation of any real prop23 erty or any facility or for plant or facility acquisition, con24 struction, or expansion, $901,261,000, to remain available 

25 until expended: Provided, That of such amount, 


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1 $324,798,000 shall be available until September 30, 2021, 

2 for program direction. 

3 POWER MARKETING ADMINISTRATIONS 

4 BONNEVILLE POWER ADMINISTRATION FUND

5 Expenditures from the Bonneville Power Administra6 tion Fund, established pursuant to Public Law 93–454, 

7 are approved for the Steigerwald Floodplain Restoration 

8 Project and, in addition, for official reception and rep9 resentation expenses in an amount not to exceed $5,000: 

10 Provided, That during fiscal year 2020, no new direct loan 

11 obligations may be made: Provided further, Expenditures 

12 from the Bonneville Power Administration Fund, estab13 lished pursuant to Public Law 93–454 are authorized and 

14 approved, without fiscal year limitation, for the cost of 

15 current and future year purchases or payments of emis16 sions expenses associated with Bonneville Power Adminis17 tration power and transmission operations in states with 

18 clean energy programs: Provided further, This expenditure 

19 authorization is limited solely to Bonneville Power Admin20 istration’s voluntary purchase or payments made in con21 junction with state clean energy programs and is not a 

22 broader waiver of Bonneville Power Administration’s sov23 ereign immunity. 


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1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

3 For expenses necessary for operation and mainte4 nance of power transmission facilities and for marketing 

5 electric power and energy, including transmission wheeling 

6 and ancillary services, pursuant to section 5 of the Flood 

7 Control Act of 1944 (16 U.S.C. 825s), as applied to the 

8 southeastern power area, $6,597,000, including official re9 ception and representation expenses in an amount not to 

10 exceed $1,500, to remain available until expended: Pro11 vided, That notwithstanding 31 U.S.C. 3302 and section 

12 5 of the Flood Control Act of 1944, up to $6,597,000 col13 lected by the Southeastern Power Administration from the 

14 sale of power and related services shall be credited to this 

15 account as discretionary offsetting collections, to remain 

16 available until expended for the sole purpose of funding 

17 the annual expenses of the Southeastern Power Adminis18 tration: Provided further, That the sum herein appro19 priated for annual expenses shall be reduced as collections 

20 are received during the fiscal year so as to result in a final 

21 fiscal year 2020 appropriation estimated at not more than 

22 $0: Provided further, That notwithstanding 31 U.S.C. 

23 3302, up to $56,000,000 collected by the Southeastern 

24 Power Administration pursuant to the Flood Control Act 

25 of 1944 to recover purchase power and wheeling expenses 


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1 shall be credited to this account as offsetting collections, 

2 to remain available until expended for the sole purpose 

3 of making purchase power and wheeling expenditures: 

4 Provided further, That for purposes of this appropriation, 

5 annual expenses means expenditures that are generally re6 covered in the same year that they are incurred (excluding 

7 purchase power and wheeling expenses). 

8 OPERATION AND MAINTENANCE, SOUTHWESTERN

9 POWER ADMINISTRATION

10 For expenses necessary for operation and mainte11 nance of power transmission facilities and for marketing 

12 electric power and energy, for construction and acquisition 

13 of transmission lines, substations and appurtenant facili14 ties, and for administrative expenses, including official re15 ception and representation expenses in an amount not to 

16 exceed $1,500 in carrying out section 5 of the Flood Con17 trol Act of 1944 (16 U.S.C. 825s), as applied to the 

18 Southwestern Power Administration, $47,775,000, to re19 main available until expended: Provided, That notwith20 standing 31 U.S.C. 3302 and section 5 of the Flood Con21 trol Act of 1944 (16 U.S.C. 825s), up to $37,375,000 col22 lected by the Southwestern Power Administration from 

23 the sale of power and related services shall be credited to 

24 this account as discretionary offsetting collections, to re25 main available until expended, for the sole purpose of 


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1 funding the annual expenses of the Southwestern Power 

2 Administration: Provided further, That the sum herein ap3 propriated for annual expenses shall be reduced as collec4 tions are received during the fiscal year so as to result 

5 in a final fiscal year 2020 appropriation estimated at not 

6 more than $10,400,000: Provided further, That notwith7 standing 31 U.S.C. 3302, up to $15,000,000 collected by 

8 the Southwestern Power Administration pursuant to the 

9 Flood Control Act of 1944 to recover purchase power and 

10 wheeling expenses shall be credited to this account as off11 setting collections, to remain available until expended for 

12 the sole purpose of making purchase power and wheeling 

13 expenditures: Provided further, That for purposes of this 

14 appropriation, annual expenses means expenditures that 

15 are generally recovered in the same year that they are in16 curred (excluding purchase power and wheeling expenses). 

17 CONSTRUCTION, REHABILITATION, OPERATION AND

18 MAINTENANCE, WESTERN AREA POWER ADMINIS19 TRATION

20 (INCLUDING RESCISSION OF FUNDS)

21 For carrying out the functions authorized by title III, 

22 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

23 U.S.C. 7152), and other related activities including con24 servation and renewable resources programs as author25 ized, $262,959,000, including official reception and repVerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960

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1 resentation expenses in an amount not to exceed $1,500, 

2 to remain available until expended, of which $262,959,000 

3 shall be derived from the Department of the Interior Rec4 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

5 3302, section 5 of the Flood Control Act of 1944 (16 

6 U.S.C. 825s), and section 1 of the Interior Department 

7 Appropriation Act, 1939 (43 U.S.C. 392a), up to 

8 $173,587,000 collected by the Western Area Power Ad9 ministration from the sale of power and related services 

10 shall be credited to this account as discretionary offsetting 

11 collections, to remain available until expended, for the sole 

12 purpose of funding the annual expenses of the Western 

13 Area Power Administration: Provided further, That the 

14 sum herein appropriated for annual expenses shall be re15 duced as collections are received during the fiscal year so 

16 as to result in a final fiscal year 2020 appropriation esti17 mated at not more than $89,372,000, of which 

18 $89,372,000 is derived from the Reclamation Fund: Pro19 vided further, That notwithstanding 31 U.S.C. 3302, up 

20 to $168,000,000 collected by the Western Area Power Ad21 ministration pursuant to the Flood Control Act of 1944 

22 and the Reclamation Project Act of 1939 to recover pur23 chase power and wheeling expenses shall be credited to 

24 this account as offsetting collections, to remain available 

25 until expended for the sole purpose of making purchase 


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1 power and wheeling expenditures: Provided further, That 

2 for purposes of this appropriation, annual expenses means 

3 expenditures that are generally recovered in the same year 

4 that they are incurred (excluding purchase power and 

5 wheeling expenses): Provided further, That of the unobli6 gated balances from prior year appropriations available 

7 under this heading, $176,000 is hereby permanently can8 celled. 

9 FALCON AND AMISTAD OPERATING AND MAINTENANCE

10 FUND

11 For operation, maintenance, and emergency costs for 

12 the hydroelectric facilities at the Falcon and Amistad 

13 Dams, $3,160,000, to remain available until expended, 

14 and to be derived from the Falcon and Amistad Operating 

15 and Maintenance Fund of the Western Area Power Ad16 ministration, as provided in section 2 of the Act of June 

17 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

18 the provisions of that Act and of 31 U.S.C. 3302, up to 

19 $2,932,000 collected by the Western Area Power Adminis20 tration from the sale of power and related services from 

21 the Falcon and Amistad Dams shall be credited to this 

22 account as discretionary offsetting collections, to remain 

23 available until expended for the sole purpose of funding 

24 the annual expenses of the hydroelectric facilities of these 

25 Dams and associated Western Area Power Administration 


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1 activities: Provided further, That the sum herein appro2 priated for annual expenses shall be reduced as collections 

3 are received during the fiscal year so as to result in a final 

4 fiscal year 2020 appropriation estimated at not more than 

5 $228,000: Provided further, That for purposes of this ap6 propriation, annual expenses means expenditures that are 

7 generally recovered in the same year that they are in8 curred: Provided further, That for fiscal year 2020, the 

9 Administrator of the Western Area Power Administration 

10 may accept up to $1,187,000 in funds contributed by 

11 United States power customers of the Falcon and Amistad 

12 Dams for deposit into the Falcon and Amistad Operating 

13 and Maintenance Fund, and such funds shall be available 

14 for the purpose for which contributed in like manner as 

15 if said sums had been specifically appropriated for such 

16 purpose: Provided further, That any such funds shall be 

17 available without further appropriation and without fiscal 

18 year limitation for use by the Commissioner of the United 

19 States Section of the International Boundary and Water 

20 Commission for the sole purpose of operating, maintain21 ing, repairing, rehabilitating, replacing, or upgrading the 

22 hydroelectric facilities at these Dams in accordance with 

23 agreements reached between the Administrator, Commis24 sioner, and the power customers. 


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1 FEDERAL ENERGY REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Energy Regu4 latory Commission to carry out the provisions of the De5 partment of Energy Organization Act (42 U.S.C. 7101 et 

6 seq.), including services as authorized by 5 U.S.C. 3109, 

7 official reception and representation expenses not to ex8 ceed $3,000, and the hire of passenger motor vehicles, 

9 $382,000,000, to remain available until expended: Pro10 vided, That notwithstanding any other provision of law, 

11 not to exceed $382,000,000 of revenues from fees and an12 nual charges, and other services and collections in fiscal 

13 year 2020 shall be retained and used for expenses nec14 essary in this account, and shall remain available until ex15 pended: Provided further, That the sum herein appro16 priated from the general fund shall be reduced as revenues 

17 are received during fiscal year 2020 so as to result in a 

18 final fiscal year 2020 appropriation from the general fund 

19 estimated at not more than $0. 

20 GENERAL PROVISIONS—DEPARTMENT OF 

21 ENERGY 

22 (INCLUDING TRANSFERS OF FUNDS)

23 SEC. 301. (a) No appropriation, funds, or authority 

24 made available by this title for the Department of Energy 

25 shall be used to initiate or resume any program, project, 


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1 or activity or to prepare or initiate Requests For Proposals 

2 or similar arrangements (including Requests for 

3 Quotations, Requests for Information, and Funding Op4 portunity Announcements) for a program, project, or ac5 tivity if the program, project, or activity has not been 

6 funded by Congress. 

7 (b)(1) Unless the Secretary of Energy notifies the 

8 Committees on Appropriations of both Houses of Congress 

9 at least 3 full business days in advance, none of the funds 

10 made available in this title may be used to— 

11 (A) make a grant allocation or discretionary 

12 grant award totaling $1,000,000 or more; 

13 (B) make a discretionary contract award or 

14 Other Transaction Agreement totaling $1,000,000 

15 or more, including a contract covered by the Federal 

16 Acquisition Regulation; 

17 (C) issue a letter of intent to make an alloca18 tion, award, or Agreement in excess of the limits in 

19 subparagraph (A) or (B); or 

20 (D) announce publicly the intention to make an 

21 allocation, award, or Agreement in excess of the lim22 its in subparagraph (A) or (B). 

23 (2) The Secretary of Energy shall submit to the Com24 mittees on Appropriations of both Houses of Congress 

25 within 15 days of the conclusion of each quarter a report 


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1 detailing each grant allocation or discretionary grant 

2 award totaling less than $1,000,000 provided during the 

3 previous quarter. 

4 (3) The notification required by paragraph (1) and 

5 the report required by paragraph (2) shall include the re6 cipient of the award, the amount of the award, the fiscal 

7 year for which the funds for the award were appropriated, 

8 the account and program, project, or activity from which 

9 the funds are being drawn, the title of the award, and 

10 a brief description of the activity for which the award is 

11 made. 

12 (c) The Department of Energy may not, with respect 

13 to any program, project, or activity that uses budget au14 thority made available in this title under the heading ‘‘De15 partment of Energy—Energy Programs’’, enter into a 

16 multiyear contract, award a multiyear grant, or enter into 

17 a multiyear cooperative agreement unless— 

18 (1) the contract, grant, or cooperative agree19 ment is funded for the full period of performance as 

20 anticipated at the time of award; or 

21 (2) the contract, grant, or cooperative agree22 ment includes a clause conditioning the Federal Gov23 ernment’s obligation on the availability of future 

24 year budget authority and the Secretary notifies the 


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1 Committees on Appropriations of both Houses of 

2 Congress at least 3 days in advance. 

3 (d) Except as provided in subsections (e), (f), and (g), 

4 the amounts made available by this title shall be expended 

5 as authorized by law for the programs, projects, and ac6 tivities specified in the ‘‘Bill’’ column in the ‘‘Department 

7 of Energy’’ table included under the heading ‘‘Title III— 

8 Department of Energy’’ in the report of the Committee 

9 on Appropriations accompanying this Act. 

10 (e) The amounts made available by this title may be 

11 reprogrammed for any program, project, or activity, and 

12 the Department shall notify the Committees on Appropria13 tions of both Houses of Congress at least 30 days prior 

14 to the use of any proposed reprogramming that would 

15 cause any program, project, or activity funding level to 

16 increase or decrease by more than $5,000,000 or 10 per17 cent, whichever is less, during the time period covered by 

18 this Act. 

19 (f) None of the funds provided in this title shall be 

20 available for obligation or expenditure through a re21 programming of funds that— 

22 (1) creates, initiates, or eliminates a program, 

23 project, or activity; 


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1 (2) increases funds or personnel for any pro2 gram, project, or activity for which funds are denied 

3 or restricted by this Act; or 

4 (3) reduces funds that are directed to be used 

5 for a specific program, project, or activity by this 

6 Act. 

7 (g)(1) The Secretary of Energy may waive any re8 quirement or restriction in this section that applies to the 

9 use of funds made available for the Department of Energy 

10 if compliance with such requirement or restriction would 

11 pose a substantial risk to human health, the environment, 

12 welfare, or national security. 

13 (2) The Secretary of Energy shall notify the Commit14 tees on Appropriations of both Houses of Congress of any 

15 waiver under paragraph (1) as soon as practicable, but 

16 not later than 3 days after the date of the activity to which 

17 a requirement or restriction would otherwise have applied. 

18 Such notice shall include an explanation of the substantial 

19 risk under paragraph (1) that permitted such waiver. 

20 (h) The unexpended balances of prior appropriations 

21 provided for activities in this Act may be available to the 

22 same appropriation accounts for such activities established 

23 pursuant to this title. Available balances may be merged 

24 with funds in the applicable established accounts and 


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1 thereafter may be accounted for as one fund for the same 

2 time period as originally enacted. 

3 SEC. 302. Funds appropriated by this or any other 

4 Act, or made available by the transfer of funds in this 

5 Act, for intelligence activities are deemed to be specifically 

6 authorized by the Congress for purposes of section 504 

7 of the National Security Act of 1947 (50 U.S.C. 3094) 

8 during fiscal year 2020 until the enactment of the Intel9 ligence Authorization Act for fiscal year 2020. 

10 SEC. 303. None of the funds made available in this 

11 title shall be used for the construction of facilities classi12 fied as high-hazard nuclear facilities under 10 CFR Part 

13 830 unless independent oversight is conducted by the Of14 fice of Enterprise Assessments to ensure the project is in 

15 compliance with nuclear safety requirements. 

16 SEC. 304. None of the funds made available in this 

17 title may be used to approve critical decision-2 or critical 

18 decision-3 under Department of Energy Order 413.3B, or 

19 any successive departmental guidance, for construction 

20 projects where the total project cost exceeds 

21 $100,000,000, until a separate independent cost estimate 

22 has been developed for the project for that critical deci23 sion. 

24 SEC. 305. (a) None of the funds made available in 

25 this or any prior Act under the heading ‘‘Defense Nuclear 


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1 Nonproliferation’’ may be made available to enter into new 

2 contracts with, or new agreements for Federal assistance 

3 to, the Russian Federation. 

4 (b) The Secretary of Energy may waive the prohibi5 tion in subsection (a) if the Secretary determines that 

6 such activity is in the national security interests of the 

7 United States. This waiver authority may not be dele8 gated. 

9 (c) A waiver under subsection (b) shall not be effec10 tive until 15 days after the date on which the Secretary 

11 submits to the Committees on Appropriations of both 

12 Houses of Congress, in classified form if necessary, a re13 port on the justification for the waiver. 

14 SEC. 306. Notwithstanding section 161 of the Energy 

15 Policy and Conservation Act (42 U.S.C. 6241), upon a 

16 determination by the President in this fiscal year that a 

17 regional supply shortage of refined petroleum product of 

18 significant scope and duration exists, that a severe in19 crease in the price of refined petroleum product will likely 

20 result from such shortage, and that a draw down and sale 

21 of refined petroleum product would assist directly and sig22 nificantly in reducing the adverse impact of such shortage, 

23 the Secretary of Energy may draw down and sell refined 

24 petroleum product from the Strategic Petroleum Reserve. 

25 Proceeds from a sale under this section shall be deposited 


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1 into the SPR Petroleum Account established in section 

2 167 of the Energy Policy and Conservation Act (42 U.S.C. 

3 6247), and such amounts shall be available for obligation, 

4 without fiscal year limitation, consistent with that section. 

5 SEC. 307. Of the offsetting collections, including un6 obligated balances of such collections, in the ‘‘Department 

7 of Energy—Power Marketing Administration—Colorado 

8 River Basins Power Marketing Fund, Western Area 

9 Power Administration’’, $21,400,000 shall be transferred 

10 to the ‘‘Department of Interior—Bureau of Reclama11 tion—Upper Colorado River Basin Fund’’ for the Bureau 

12 of Reclamation to carry out environmental stewardship 

13 and endangered species recovery efforts. 

14 SEC. 308. Section 5(b) of Public Law 110–414 is 

15 amended by adding after paragraph (2) the following new 

16 paragraph: ‘‘(3) MERCURY STORAGE REVOLVING 

17 FUND. There is hereby established the Mercury Storage 

18 Revolving Fund which shall be available without fiscal 

19 year limitation. Notwithstanding section 3302 of title 31, 

20 United States Code, receipts received from fees described 

21 under this subsection shall be credited to this account as 

22 offsetting collections, to be available for carrying out the 

23 long-term management and storage of elemental mercury 

24 generated within the United States without further appro25 priation.’’. 


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1 SEC. 309. During fiscal year 2020 and each fiscal 

2 year thereafter, notwithstanding any provision of title 5, 

3 United States Code, relating to classification or rates of 

4 pay, the Southeastern Power Administration shall pay any 

5 power system dispatcher employed by the Administration 

6 a rate of basic pay and premium pay based on those pre7 vailing for similar occupations in the electric power indus8 try. Basic pay and premium pay may not be paid under 

9 this section to any individual during a calendar year so 

10 as to result in a total rate in excess of the rate of basic 

11 pay for level V of the Executive Schedule (section 5316 

12 of such title). 

13 TITLE IV 

14 INDEPENDENT AGENCIES 

15 APPALACHIAN REGIONAL COMMISSION

16 For expenses necessary to carry out the programs au17 thorized by the Appalachian Regional Development Act of 

18 1965, and for expenses necessary for the Federal Co19 Chairman and the Alternate on the Appalachian Regional 

20 Commission, for payment of the Federal share of the ad21 ministrative expenses of the Commission, including serv22 ices as authorized by section 3109 of title 5, United States 

23 Code, and hire of passenger motor vehicles, $170,000,000, 

24 to remain available until expended. 


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1 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the Defense Nuclear Fa4 cilities Safety Board in carrying out activities authorized 

5 by the Atomic Energy Act of 1954, as amended by Public 

6 Law 100–456, section 1441, $31,000,000, to remain 

7 available until September 30, 2021. 

8 DELTA REGIONAL AUTHORITY

9 SALARIES AND EXPENSES

10 For expenses necessary for the Delta Regional Au11 thority and to carry out its activities, as authorized by 

12 the Delta Regional Authority Act of 2000, $15,000,000, 

13 to remain available until expended. 

14 DENALI COMMISSION

15 For expenses necessary for the Denali Commission 

16 including the purchase, construction, and acquisition of 

17 plant and capital equipment as necessary and other ex18 penses, $15,000,000, to remain available until expended, 

19 notwithstanding the limitations contained in section 

20 306(g) of the Denali Commission Act of 1998: Provided, 

21 That funds shall be available for construction projects in 

22 an amount not to exceed 80 percent of total project cost 

23 for distressed communities, as defined by section 307 of 

24 the Denali Commission Act of 1998 (division C, title III, 

25 Public Law 105–277), as amended by section 701 of apVerDate Sep 11 2014 21:13 May 23, 2019 Jkt 089200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H2960.RH H2960

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1 pendix D, title VII, Public Law 106–113 (113 Stat. 

2 1501A–280), and an amount not to exceed 50 percent for 

3 non-distressed communities: Provided further, That not4 withstanding any other provision of law regarding pay5 ment of a non-Federal share in connection with a grant6 in-aid program, amounts under this heading shall be avail7 able for the payment of such a non-Federal share for pro8 grams undertaken to carry out the purposes of the Com9 mission. 

10 NORTHERN BORDER REGIONAL COMMISSION

11 For expenses necessary for the Northern Border Re12 gional Commission in carrying out activities authorized by 

13 subtitle V of title 40, United States Code, $22,000,000, 

14 to remain available until expended: Provided, That such 

15 amounts shall be available for administrative expenses, 

16 notwithstanding section 15751(b) of title 40, United 

17 States Code. 

18 SOUTHEAST CRESCENT REGIONAL COMMISSION

19 For expenses necessary for the Southeast Crescent 

20 Regional Commission in carrying out activities authorized 

21 by subtitle V of title 40, United States Code, $250,000, 

22 to remain available until expended. 


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1 NUCLEAR REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For expenses necessary for the Commission in car4 rying out the purposes of the Energy Reorganization Act 

5 of 1974 and the Atomic Energy Act of 1954, 

6 $885,236,000, including official representation expenses 

7 not to exceed $25,000, to remain available until expended: 

8 Provided, That of the amount appropriated herein, not 

9 more than $9,500,000 may be made available for salaries, 

10 travel, and other support costs for the Office of the Com11 mission, to remain available until September 30, 2021, of 

12 which, notwithstanding section 201(a)(2)(c) of the Energy 

13 Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), 

14 the use and expenditure shall only be approved by a major15 ity vote of the Commission: Provided further, That reve16 nues from licensing fees, inspection services, and other 

17 services and collections estimated at $757,589,000 in fis18 cal year 2020 shall be retained and used for necessary 

19 salaries and expenses in this account, notwithstanding 31 

20 U.S.C. 3302, and shall remain available until expended: 

21 Provided further, That of the amounts appropriated under 

22 this heading, not less than $15,478,000 shall be for activi23 ties related to the development of regulatory infrastruc24 ture for advanced nuclear technologies, and $12,492,000 

25 shall be for international activities, except that the 


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1 amounts provided under this proviso shall not be derived 

2 from fee revenues, notwithstanding 42 U.S.C. 2214: Pro3 vided further, That the sum herein appropriated shall be 

4 reduced by the amount of revenues received during fiscal 

5 year 2020 so as to result in a final fiscal year 2020 appro6 priation estimated at not more than $127,647,000: Pro7 vided further, That of the amounts appropriated under 

8 this heading, $10,500,000 shall be for university research 

9 and development in areas relevant to the Commission’s 

10 mission, and $5,500,000 shall be for a Nuclear Science 

11 and Engineering Grant Program that will support 

12 multiyear projects that do not align with programmatic 

13 missions but are critical to maintaining the discipline of 

14 nuclear science and engineering. 

15 OFFICE OF INSPECTOR GENERAL

16 For expenses necessary for the Office of Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, $13,314,000, to remain available 

19 until September 30, 2021: Provided, That revenues from 

20 licensing fees, inspection services, and other services and 

21 collections estimated at $10,929,000 in fiscal year 2020 

22 shall be retained and be available until September 30, 

23 2021, for necessary salaries and expenses in this account, 

24 notwithstanding section 3302 of title 31, United States 

25 Code: Provided further, That the sum herein appropriated 


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1 shall be reduced by the amount of revenues received dur2 ing fiscal year 2020 so as to result in a final fiscal year 

3 2020 appropriation estimated at not more than 

4 $2,385,000: Provided further, That of the amounts appro5 priated under this heading, $1,171,000 shall be for In6 spector General services for the Defense Nuclear Facilities 

7 Safety Board, which shall not be available from fee reve8 nues. 

9 NUCLEAR WASTE TECHNICAL REVIEW BOARD

10 SALARIES AND EXPENSES

11 For expenses necessary for the Nuclear Waste Tech12 nical Review Board, as authorized by Public Law 100– 

13 203, section 5051, $3,600,000, to be derived from the Nu14 clear Waste Fund, to remain available until September 30, 

15 2021. 

16 GENERAL PROVISIONS—INDEPENDENT 

17 AGENCIES 

18 SEC. 401. The Nuclear Regulatory Commission shall 

19 comply with the July 5, 2011, version of Chapter VI of 

20 its Internal Commission Procedures when responding to 

21 Congressional requests for information, consistent with 

22 Department of Justice guidance for all federal agencies. 

23 SEC. 402. (a) The amounts made available by this 

24 title for the Nuclear Regulatory Commission may be re25 programmed for any program, project, or activity, and the 


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1 Commission shall notify the Committees on Appropria2 tions of both Houses of Congress at least 30 days prior 

3 to the use of any proposed reprogramming that would 

4 cause any program funding level to increase or decrease 

5 by more than $500,000 or 10 percent, whichever is less, 

6 during the time period covered by this Act. 

7 (b)(1) The Nuclear Regulatory Commission may 

8 waive the notification requirement in subsection (a) if 

9 compliance with such requirement would pose a substan10 tial risk to human health, the environment, welfare, or na11 tional security. 

12 (2) The Nuclear Regulatory Commission shall notify 

13 the Committees on Appropriations of both Houses of Con14 gress of any waiver under paragraph (1) as soon as prac15 ticable, but not later than 3 days after the date of the 

16 activity to which a requirement or restriction would other17 wise have applied. Such notice shall include an explanation 

18 of the substantial risk under paragraph (1) that permitted 

19 such waiver and shall provide a detailed report to the 

20 Committees of such waiver and changes to funding levels 

21 to programs, projects, or activities. 

22 (c) Except as provided in subsections (a), (b), and 

23 (d), the amounts made available by this title for ‘‘Nuclear 

24 Regulatory Commission—Salaries and Expenses’’ shall be 


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1 expended as directed in the report of the Committee on 

2 Appropriations accompanying this Act. 

3 (d) None of the funds provided for the Nuclear Regu4 latory Commission shall be available for obligation or ex5 penditure through a reprogramming of funds that in6 creases funds or personnel for any program, project, or 

7 activity for which funds are denied or restricted by this 

8 Act. 

9 (e) The Commission shall provide a monthly report 

10 to the Committees on Appropriations of both Houses of 

11 Congress, which includes the following for each program, 

12 project, or activity, including any prior year appropria13 tions— 

14 (1) total budget authority; 

15 (2) total unobligated balances; and 

16 (3) total unliquidated obligations. 

17 TITLE V 

18 GENERAL PROVISIONS 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 501. None of the funds appropriated by this Act 

21 may be used in any way, directly or indirectly, to influence 

22 congressional action on any legislation or appropriation 

23 matters pending before Congress, other than to commu24 nicate to Members of Congress as described in 18 U.S.C. 

25 1913. 


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1 SEC. 502. (a) None of the funds made available in 

2 title III of this Act may be transferred to any department, 

3 agency, or instrumentality of the United States Govern4 ment, except pursuant to a transfer made by or transfer 

5 authority provided in this Act or any other appropriations 

6 Act for any fiscal year, transfer authority referenced in 

7 the report of the Committee on Appropriations accom8 panying this Act, or any authority whereby a department, 

9 agency, or instrumentality of the United States Govern10 ment may provide goods or services to another depart11 ment, agency, or instrumentality. 

12 (b) None of the funds made available for any depart13 ment, agency, or instrumentality of the United States 

14 Government may be transferred to accounts funded in title 

15 III of this Act, except pursuant to a transfer made by or 

16 transfer authority provided in this Act or any other appro17 priations Act for any fiscal year, transfer authority ref18 erenced in the report of the Committee on Appropriations 

19 accompanying this Act, or any authority whereby a de20 partment, agency, or instrumentality of the United States 

21 Government may provide goods or services to another de22 partment, agency, or instrumentality. 

23 (c) The head of any relevant department or agency 

24 funded in this Act utilizing any transfer authority shall 

25 submit to the Committees on Appropriations of both 


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1 Houses of Congress a semiannual report detailing the 

2 transfer authorities, except for any authority whereby a 

3 department, agency, or instrumentality of the United 

4 States Government may provide goods or services to an5 other department, agency, or instrumentality, used in the 

6 previous 6 months and in the year-to-date. This report 

7 shall include the amounts transferred and the purposes 

8 for which they were transferred, and shall not replace or 

9 modify existing notification requirements for each author10 ity. 

11 SEC. 503. None of the funds made available by this 

12 Act may be used in contravention of Executive Order No. 

13 12898 of February 11, 1994 (Federal Actions to Address 

14 Environmental Justice in Minority Populations and Low15 Income Populations). 

16 SEC. 504. (a) None of the funds made available in 

17 this Act may be used to maintain or establish a computer 

18 network unless such network blocks the viewing, 

19 downloading, and exchanging of pornography. 

20 (b) Nothing in subsection (a) shall limit the use of 

21 funds necessary for any Federal, State, tribal, or local law 

22 enforcement agency or any other entity carrying out crimi23 nal investigations, prosecution, or adjudication activities. 


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1 This Act may be cited as the ‘‘Energy and Water De2 velopment and Related Agencies Appropriations Act, 

3 2020’’. 


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Union Calendar No. 58 

116TH CONGRESS 

1ST SESSION H. R. 2960 

[Report No. 116–83] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2020, and for other pur- opment and related agencies for the fiscal year 

MAY 23, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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